This is the fifth hearing this year on the President’s nominations to leadership positions at the Department of Justice. Again this morning we proceed on two important Executive Branch nominations.

Given the interest in the protection of the civil rights of all Americans and the importance of the Assistant Attorney General to head the Civil Rights Division, we have traditionally considered that nomination on its own. At times, nominations to head the Civil Rights Division have faced controversy, delay and opposition. Indeed, the nomination of Bill Lann Lee, which was initially received by the Senate in 1997 was never accorded a vote by the United States Senate and was kept pending before this Committee for almost three and one-half years.

I know of no one who intends to treat the nomination of Mr. Boyd in that fashion. Senator Kennedy’s introduction of the nominee and the commitments that the nominee is able to give to the Committee regarding the vigorous enforcement of our civil rights laws should go a long way toward clearing the way for Committee consideration and consideration by the Senate as soon as all Senators have had a reasonable opportunity to ask questions and receive responses.

The Chairman has again decided to combine a hearing on a nomination that traditionally takes place on its own with another important Executive Branch nomination. This time he has chosen to include the nominee to be the Assistant Attorney General to head the Civil Division, as well. The Civil Division has its own very important responsibilities with respect to Government litigation.

The confirmation process for Mr. McCallum’s predecessor was pending for over a year in Committee and 18 months the Senate. None of us anticipates such an extended process in connection with Mr. McCallum’s nomination. I was always puzzled why those extended delays kept David Ogden from being confirmed promptly, especially since his eventual confirmation by the Senate was by unanimous consent. If all goes well today, it is my hope to see the Senate consider Mr. McCallum’s nomination before the June 30 date on which the Senate confirmed Frank Hunger to be President Clinton’s Assistant Attorney General for the Civil Division back in 1993 and long before the Senate confirmed Stuart Gerson to be the first President Bush’s head of the Civil Division back in October 1989.

I want to thank the Chairman for reconsidering his decision of the last few days and ultimately deciding not to add judicial nominations to this hearing at the last minute. I stand ready to consult with him on a realistic hearing schedule for those nominees.

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